Saturday January 26, 2008
A-G: Hindraf’s 5 lawfully held
KUALA LUMPUR: Five leaders of the Hindu Rights Action Force (Hindraf) were lawfully detained for two years, said the Attorney-General here.
Tan Sri Abdul Gani Patail told the High Court yesterday that detention orders issued by the Internal Security Minister for the five under Section 8 (1) of the Internal Security Act (ISA) were lawful.
He argued that Section 8 of the ISA was independent and could be operated on its own without relying on arrest and inquiries under Section 73 of ISA.
“It is for the detainees to prove that the authority has not complied with the procedural requirement when challenging their detention under the Act,” he said.
In asking the court to dismiss the habeas corpus application by the four lawyers and a former senior executive, Gani said all acts by the minister’s officers, including the manner of arrest, were proper.
M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kengadharan, and K. Vasantha Kumar have claimed that their arrests and continued detention were unconstitutional and unlawful.
The five, who named the Internal Security Minister and Kamunting Detention Centre’s superintendent as respondents, are seeking a declaration that the order is null and void.
Gani said the authority had also complied with the law when the applicants filled up certain forms in order to make representations against the order to the ISA Advisory Board.
He said the representations were fixed to be heard by the board on grounds forwarded by the applicants and that there was no contravention of the provisions of the Article 5(1) of the Federal Constitution (No person shall be deprived of his life or personal liberty save in accordance with law).
He said the detainees had also been given the right to counsel after their arrests last December when their lawyers showed their appointment letters to represent the applicants.
“There was no denial of right to counsel. We are just following the rules. If you did not show some confirmation of representing them, you are not allowed to see them.
“For Manoharan, for example, his family and a lawyer was allowed to see him on Dec 14,” he said.
The hearing will continue before Judicial Commissioner Zainal Azman Ab Aziz on Monday.
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